Employees rights under UAE employment laws.

Legal
knowledge about your rights and limitations under UAE
labor law is crucial.
In todays highly competitive global market we can observe shifting trends in economies,
employment strategies and business opportunities. The UAE labor laws have adjusted to
accommodate these evolving market trends. People from almost all around the world
come to UAE in search of a better future and opportunities, due to the employment
benefits that the country offers.
The Ministry of Labor and Social Affairs is the main body that regulate and govern
employment relations in the UAE. Thus the Ministry is the authority that issue work
permits to expatriates who get employment in the UAE. Uae Employment Law help the
employees and give right to information reliablity while doing work.Employer that is
hiring an employee should apply for the work permit through the Minstrys system,
except for free zone entities that get work permits through free zone authorities.
Specialization, qualification and vocational expertise, category of the company are the
key elements in getting work permits. In some instances, the employees should provide
relevant legalized degree and or experience certificates to prove their competencies in
particular fields. After obtaining the work permit, the employee will be eligible to get a
residency visa of the UAE, that would allow the employee to rent an apartment, open a
bank account, apply for driving license etc.

Thanks to the UAE liberal policy and evolving economy, the UAEs labor laws are constantly
being reviewed and new decrees are being adopted to comply with market demands and
international labor standards. At the same time, the government continues its policy to protect
the interests of businesses or employers by creating a balanced legal framework where the
parties would be obliged to continue employment relations for certain time (i.e. limited term
contracts). Nevertheless, in recent years, the rules with respect to labor ban has been relieved
by Ministerial decrees in favor of employees that enables them to change their employment
without much hassle.
Moreover, the Ministry has adopted a new system of issuing work permits, whereby the
employers are obliged to send official offer letter to potential employees and once accepted, the
main employment agreement may not differ from the term offered in the initial offer letter.
Such regulation would not allow the employers to change their minds after the employees
accept the employment and come to the UAE relying on the terms offered in the offer letter.
In general, the rules of employment are stipulated in the Federal Law No. 8 of 1980 Regulating
Labour Relations as amended by Federal Laws No. 24 of 1981, No.15 of 1985 and No.12 of
1986 (the Law) and various Ministerial decrees. Some free zones have their own specific
labor laws as well. The relationship between the parties are regulated by the Law, decrees and
the contracts between them. Employment contracts are made in a particular format put down in
English and Arabic, which is implemented by the Ministry.
If there is no contract then witnesses, emails and other written communications in some cases
may be considered as evidence to prove the relationship under labor laws. There are two types
of contracts: limited and unlimited. Limited contracts are for limited term, breaking of which
without a valid reason would be considered as violation by the breaking party and the law
obliges the breaking party to pay compensation to the other party as a result. In the case if
employee breaks the limited-term contract, the employee may also be banned from getting
another employment for a period of 1 year. In case of unlimited contracts, the law obliges both
the parties to serve 30 days notice in advance. The notice period can not be decreased by law
and employee should perform its duties during the notice period and should get all the benefits
in full.

There are some occasions in which both the employee or the employer can terminate the
contract without serving a notice or without paying any compensation in limited-term contracts.
The provision in relation to such occasions are clearly specified in the Law. If the employee
violates one of the provisions of Article 120 of the Law, the employer may terminate the
employees contract without notice. The employee may terminate the employment contract
without notice if the circumstances listed in Article 121 of the Law are applicable. It is very
important to know and understand such provisions of the Law to avail the benefits and
protection offered under the Law and by the Ministry.
For more details, Contact Us:
Level 14, Boulevard Plaza Tower 1, Sheikh Mohammed Bin Rashid Boulevard, P.O. Box
334036 , Dubai, UAE +971 4 444 9481, +971 4 455 8556. contact@mimolegal.com
http://mimolegal.com/en/home/